The long arm of law covers one and all

But I am concerned that Section 70 of our Criminal Code states that those who act on the orders of their commanders are protected from prosecution. That’s the so-called Nuremburg Defence, used by the Nazis in their war-crimes trials to justify the murder of millions of Jews. 

As Martin Luther King Jr noted, “We should never forget that everything Hitler did in Germany was ‘legal’ and everything the Hungarian freedom fighters did in Hungary was ‘illegal’.” 

Or as Admiral Mike Mullen, then-chairman of the US Joint Chief of Staffs, pointed out: “Few things are more damaging to our democracy than a military officer who doesn’t have the moral courage to stand up for what’s right or the moral fiber to step aside when circumstances dictate.”

All must be accountable for their action, even if it is done under orders – although the degree of culpability is lessened by that fact. 

Even the lowest-ranking soldier must have a sense of right and wrong, and not be an unthinking robot. Thus, the soldiers who murdered the four Muslims at Nong Chik, used excessive force at Krue Se, or, in the future, follow their commanders and stage a coup d’etat, must be brought to justice along with their commanders – even if that person is the army chief.

Burin Kantabutra

Bangkok